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DAONG v.

MUNICIPAL JUDGE OF SAN NICOLAS, ILOCOS NORTE


G.R. No.L-34568
March 28, 1988
Padilla, J.
Casila
petitioners Roderick Daoang and Rommel Daoang, assisted by Romeo Daoang
respondents The Municipal Judge of San Nicolas, Antero Agonoy, and Amanda Ramos-Agonoy
summary Petitioners, the grandchildren of the respondents, opposed the adoption by the respondents of two
minors arguing that they are disqualified to adopt under Art 335. SC held that the spouses are not
disqualified because having grandchildren is not included in the enumeration on who cannot adopt in
Art 335.

facts of the case


On 23 March 1971, Sps. Agonoy filed a petition with the Municipal Court seeking the adoption of the minors
Quirino Bonilla and Wilson Marcos. The minors Roderick and Rommel, assisted by their father and guardian
ad litem Romeo, filed an opposition claiming that their mother Estrella Agonoy, who died on 1 March 1971, was
the legitimate daughter of Sps. Agonoy and therefore the spouses were disqualified to adopt under Art. 335,
Civil Code (The following cannot adopt: (1) Those who have legitimate, legitimated, acknowledged natural
children, or children by legal fiction xxx). The Municipal Court granted the petition for adoption.

issue
W/N Sps. Agonoy are disqualified to adopt under Art 335(1), Civil Code - NO

ratio
The words used in the provision in enumerating the persons who cannot adopt are clear and unambiguous.
The children mentioned therein have a clearly defined meaning in law and do not include grandchildren. A
statute that is clear and unambiguous on its face need not be interpreted.
It appears that the legislator, in enacting the Civil Code, obviously intended that only those persons who
have certain classes of children, are disqualified to adopt. The Civil Code of Spain, which was once in force in
the Philippines, and which served as the pattern for the Civil Code, in its Art 174, disqualified persons who
have legitimate or legitimated descendants from adopting. Under this article, the Sps. Agonoy would have been
disqualified to adopt as they have legitimate grandchildren. But, when the Civil Code was adopted, the word
"descendants" was changed to "children", in Art 335(1).
Adoption used to be for the benefit of the adoptor. It was intended to afford to persons who have no child of
their own the consolation of having one, by creating through legal fiction, the relation of paternity and filiation
where none exists by blood relationship. The present tendency, however, is geared more towards the
promotion of the welfare of the child and the enhancement of his opportunities for a useful and happy life, and
every intendment is sustained to promote that objective. Under the law now in force, having legitimate,
legitimated, acknowledged natural children, or children by legal fiction, is no longer a ground for disqualification
to adopt.